Blog Posts

Some Quick Reactions to the PAE Workshop

Market participants, regulators, lawyers, and patent professionals gathered at the FTC yesterday for a very informative Workshop on Patent Assertion Entities (PAEs).  We will be posting more this week about specific takeaways and action items for enacting true reform in this space, but I wanted to share some themes and reactions from the event: More…

Yesterday’s FTC-DOJ Workshop on Patent Assertion Entities (PAEs)

Yesterday, the FTC and DOJ held a workshop on the anticompetitive effects of Patent Assertion Entities (PAEs), as Josh had posted about last week.  They put together a great collection of participants, and we commend them for this effort.  Jorge Torres compiled a Storify of Tweets from the event, featuring many from @PatentProgress.  David Balto…

CCIA Filed an Amicus Brief Friday in CLS Bank v. Alice Corp

On Friday, CCIA, which operates Patent Progress, filed an amicus brief in the en banc rehearing of CLS Bank v. Alice Corporation in the Court of Appeals for the Federal Circuit.  CCIA’s brief focused mostly on the first question presented: What test should the court adopt to determine whether a computer-implemented invention is a patent ineligible…

Summarizing the Amici Briefs in Apple-Motorola before the Court of Appeals for the Federal Circuit

On June 22 Judge Richard Posner, sitting in designation, dismissed a patent infringement case between Motorola and Apple which included 15 Apple patents and 6 Motorola patents.  Judge Posner explained that even if infringement could be proven, neither party offered sufficient evidence to prove and entitlement to injunctive relief, and neither party had offered credible…

Helping Startups Help Themselves: Why the SHIELD Act is TRIPS Compliant

(Cross-posted on Disruptive Competition Project (DisCo)) As I have discussed before, patent trolls pose a unique threat to technology startup companies.  The limited resources and small launch windows that constrain life as a startup company make them vulnerable to patent trolls.  Trolls leverage the sheer cost of fighting a patent challenge — even if the odds of…

USPTO Should Be Applauded for Notice on Patent Transparency

In a round of good news, the USPTO has published a notice that it will be holding a roundtable on January 11, 2013 to look into regulations to “require greater public transparency concerning the ownership of patent applications and patents.”  The deadline for requesting to participate in the roundtable is December 21, 2012, and the deadline…

Samsung v. Apple at the ITC – Summarizing the Public Interest Briefs

On November 19 the ITC announced that the full Commission would review the Final Initial Determination in Investigation 337-TA-794, Samsung v. Apple.  The ALJ had determined that there was no infringement by Apple of Samsung’s asserted patents, which Samsung has declared as standard essential patents covering technology implemented by the European Telecommunications Standards Institute (ETSI). …

Supreme Court Grants Cert in Myriad

Moments ago the United States Supreme Court granted certiorari in Assoc. for Molecular Pathology v. Myriad Genetics, Inc., et al.  (Supreme Court docket  12-398) The Court limited its grant to Question 1 presented in the petition: “are human genes patentable?” The Court did not grant certiorari as to Question 2 presented in the petition: “Did the court of appeals err in…